From Casetext: Smarter Legal Research

North Babylon U.F.S. v. Brentwood U.F.S

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1998
246 A.D.2d 634 (N.Y. App. Div. 1998)

Opinion

January 26, 1998

Appeal from the Supreme Court, Suffolk County (Seidell, J.).


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the branch of the motion which was for summary judgment is granted.

The appellants made out a prima facie case as to their entitlement to summary judgment on their claims for tuition reimbursement. The burden therefore shifted to the respondents to show, by admissible evidentiary proof, the existence of a factual question necessitating a trial. The respondents' proof, consisting solely of their attorney's affirmation, which was based upon only hypotheses and suppositions and lacked any admissible evidentiary material, was insufficient to meet that burden. Thus, the branch of the motion which was for summary judgment should have been granted ( see, Three Vil. Cent. School Dist. v. Brentwood Union Free School Dist., 167 A.D.2d 385; see generally, Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557).

Rosenblatt, J.P., Altman, Florio and McGinity, JJ., concur.


Summaries of

North Babylon U.F.S. v. Brentwood U.F.S

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1998
246 A.D.2d 634 (N.Y. App. Div. 1998)
Case details for

North Babylon U.F.S. v. Brentwood U.F.S

Case Details

Full title:NORTH BABYLON UNION FREE SCHOOL DISTRICT, Appellant, v. BRENTWOOD UNION…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 26, 1998

Citations

246 A.D.2d 634 (N.Y. App. Div. 1998)
668 N.Y.S.2d 905

Citing Cases

Board of Educ. of Deer Park v. Brentwood S

Here, the defendant's opposition failed to meet that burden, as it was devoid of any evidentiary support for…

Board, Educ., Cent. Islip v. Bd. of Educ

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the…